20041920 Ver 3_Approval Letter_20100416

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 16, 2010
Dee Freeman
Secretary
DWQ EXP No. 04-19200
Durham County
Mr. Don Stewart
City of Durham
2011 Fay Street
Durham, NC 27704
Subject Property: Third Fork Creek Southern Greenway
Third Fork Creek [030605, 16-41-1-12-(1), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Jordan Lake
Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B .0267) with Additional
Conditions (Modification)
Dear Mr. Stewart:
This water quality certification and buffer authorization certification approval letter replaces the
certification and buffer authorization certification you received on August 24, 2009. You have our
approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.355 acres of wetland, 157 linear feet of intermittent stream, 46,974 square feet of
Zone 1 Jordan Water Supply basin protected riparian buffer (including 12,916 square feet permanent
impact and 34,058 square feet temporary impact), and 45,688 square feet of Zone 2 Jordan Water Supply
basin protected riparian buffer (including 16,741 square feet permanent impact and 28,947 square feet
temporary impact), as described in your application dated April 12, 2010, and received by the Division of
Water Quality (DWQ) on April 13, 2010 to construct the proposed greenway at the site. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3820 (GC3820). The Certification(s) allows you to use Nationwide Permit(s) NW14 when
issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0267. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
'/ mally
An Equal Opportunity 1 Affirmative Action Employer
City of Durham
DWQ EXP# 04-19200
Page 2 of 4
April 16, 2010
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount
Approved nits Plan Location or Reference
404/Wetland - permanent 0.36 acres Aril 12, 2010 Wetlands Impacts Table
404/Wetland - temporary 0.85 acres Aril 12, 2010 Wetlands Impacts Table
Stream intermittent 157 linear feet Aril 12, 2010 Stream Impacts Table
Riparian buffer (Zone 1 - permanent 12,916 (s q. feet) Aril 12, 2010 Buffer Impact Table
Riparian buffer Zone 2 - permanent 16,741 (s q. feet Aril 12, 2010 Buffer Impact Table
Riparian buffer (Zone 1) - temporary 24,058 (s q. feet Aril 12, 2010 Buffer Impact Table
Riparian buffer (Zone 2) - temporary 28,947 (s q. feet) Aril 12, 2010 Buffer Impact Table
All temporary riparian buffer impacts will be replanted with the MMF Riparian Buffer
Mix from Mellow Marsh Farms, Inc. as specified in your application. The site must be
monitored and replanting shall occur if the mix does not result in thick groundcover. A one-
time fertilizer application may be used to establish the plants. Annual native species suitable
for wet locations shall be planted and established within jurisdictional wetlands that have been
temporarily impacted. Non-native perennials such as fescue are prohibited.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification and authorized by this
approval letter. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be performed so
that no violations of state water quality standards, statutes, or rules occur.
No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices
in order to protect surface waters standards:
a. Erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
City of Durham
DWQ EXP# 04-19200
Page 3 of 4
April 16, 2010
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility. material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with GC 3820.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0267 (8). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
8. Certificate of Completion
Within thirty (30) days of the completion of all work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including failure to sustain a designated or
achieved use, or that State or Federal law is being violated, or that further conditions are necessary to
assure compliance, then the Division may reevaluate and modify this General Water Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC, 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
City of Durham
DWQ EXP# 04-19200
Page 4 of 4
April 16, 2010
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rule as described within
15A NCAC 2B .0267. If you have any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi
at 919-733-1786.
CHSIi tWlmg
Enclosures: Certificate of Completion
GC 3820
Sinc ely,
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Ms. Jennifer Archambault, Dr. J. H. Carter III & Associates, Inc., 515-F Midland Rd., Southern
Pines, NC 28387
File: 041920v3ThirdForkCrkSouthemGreenway(Durham)EXP+401(NW 14)JBRAuth.doc